Courts to get more powers to protect children in divorce cases

Changes part of shift to reduce conflict and adopt a more 'judge-led approach'

- Theresa Tan

The courts will be given more powers to bar applications that are without merit and that may harm a child's welfare or unnecessarily delay divorce proceedings when amendments to the Family Justice Act 2014 kick in later this year.

Lawyers say examples of such unmeritorious applications include multiple attempts to change access orders because the parent is unhappy with existing arrangements.

Access orders are court orders that give the parent who does not live with the child time to spend with him after the divorce.

The changes are part of a shift to reduce conflict in divorce cases and adopt a more "judge-led ap- Justice Act 2014 include: proach". In a judge-led approach, judges specialising in family matters lead and control the pace and direction of divorce proceedings.

Justice Teh Hwee Hwee, presiding judge of the Family Justice Courts (FJC), said during her keynote address at the Law Society of Singapore's Family Conference 2024 on Sept 3: "This means that the judge-led powers extend beyond adjudicating between the positions taken by litigating parties.

"Collectively, these ensure that the court is vested with additional powers to minimise unmeritorious applications, prevent proceedings from being protracted unnecessarily and address the immediate or urgent needs of the family." The amendments to the Family

Preventing a person from filing an application that would affect the fairness of the process, delay proceedings or increase legal costs, or would have a negative impact on the child's welfare.

Barring a person from filing an application to change an existing court order if it is without merit, or would negatively impact the child's welfare.